Granderson

Defendant Charles Earl Granderson was present in the courtroom when jury selection began in this criminal case, but he failed to appear the next day. Finding that defendant was absent voluntarily, the court ordered the trial to proceed in his absence. The jury convicted him of two offenses, and he was sentenced to state prison. On appeal, defendant and the People raise claims of error.

In the published portion of this opinion, we reject defendant’s argument that the trial court erred in proceeding with the trial in his absence pursuant to Penal Code section 1043, subdivision (b)(2). This section provides that the voluntary absence of the accused in a noncapital felony case “after the trial has commenced in his presence shall not prevent continuing the trial to, and including, the return of the verdict. . . .” In defendant’s view, a “trial” by jury does not commence within the meaning of this section until the jury has been sworn and jeopardy attaches. He is wrong.

For reasons which follow, we conclude that the Legislature intended the word “trial” in the phrase “after the trial has commenced in [the defendant’s] presence” to include jury selection. This interpretation…